Honours System

Lord Patten: asked Her Majesty's Government:
	Whether it is their policy that scientists who have conducted legal experiments upon live animals may not be awarded honours.

Baroness Amos: The Government have no such policy. Honours candidates are considered on an individual basis against the competing merits of others considered at the same time. Honours have gone to individuals involved in this area in the past and they continue to be assessed on the same basis as all other candidates.

Honours System

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What are the safeguards against bias and discrimination in the honours system?

Baroness Amos: Every effort is made to find good honours candidates from every walk of life and field of activity. All awards are made strictly on merit.

Honours System

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will establish an independent review of the honours system?

Baroness Amos: Sir Hayden Phillips is leading a review of the honours system with the aim of providing greater transparency and introducing a stronger independent element into the honours process.

Alcohol Misuse

Lord Avebury: asked Her Majesty's Government:
	Why the Cabinet Office Strategy Unit disbanded the sub-group of its advisory group on the draft analytical report on alcohol; and whether they will publish the paper submitted by Professor Sir Michael Marmot, a member of the sub-group.

Baroness Scotland of Asthal: The Strategy Unit convened several informal sub-groups to inform the development of its draft analytical report on alcohol misuse in England. As well as consulting a wide range of experts and stakeholders, the unit also commissioned and paid for a number of pieces of research from independent academics; publication of these is a matter for the authors. One of these pieces of research was commissioned from Professor Sir Michael Marmot. The interim analytical report which was produced as a result of this process was published in September 2003.

Alcohol Misuse

Lord Avebury: asked Her Majesty's Government:
	Whether they will consult with the Republic of Ireland and the Scottish Executive as regards their new strategies to combat alcohol harm, in order to align policy throughout the United Kingdom and the Republic of Ireland.[HL648]bjc

Baroness Scotland of Asthal: The Government have consulted with the devolved administrations in Scotland, Wales and Northern Ireland in producing their analysis of the harm caused by alcohol, and will continue to do so as the strategy for England is finalised and implemented. All three have produced their own strategies and the Government have been keen to learn from these. In addition, the Government have sought advice from the Republic of Ireland as part of the same process.

Youth Offending and Bereavement

Lord Stone of Blackheath: asked Her Majesty's Government:
	Whether they have plans to investigate fully the links between bereavement and youth offending; and
	What resources they currently make available to provide help for young offenders who have suffered a significant bereavement.(HL308)

Baroness Scotland of Asthal: Recent research on the assessment system used by youth offending teams (YOTs) to assess offenders' needs suggests that experiencing a significant bereavement or loss may influence their future offending behaviour. There are no current plans to commission further research in this area.
	The assessment system examines family and personal relationships and whether any incidence of bereavement or loss continues to have an impact on the young offender's life. If bereavement is identified as a risk factor, then bereavement counselling can be offered as part of any overall programme to address the young person's offending behaviour and risk factors. No resources are provided specifically for bereavement counselling but it would form part of the menu of interventions that youth offending teams currently offer those young offenders with the identified need.

Prison Transfer Agreements: UK and Caribbean

Lord Corbett of Castle Vale: asked Her Majesty's Government:
	With which countries in the Caribbean the United Kingdom has prison transfer agreements; and, listed by country, how many prisoners have so far been transferred; and
	With which countries in the Caribbean the United Kingdom is negotiating prison transfer agreements; and when it is anticipated these negotiations will be concluded.

Baroness Scotland of Asthal: The United Kingdom has prisoner transfer agreements with four Caribbean countries. The table lists those countries and gives the number of prisoners transferred under the agreements since 2000. Figures prior to this date are not available.
	
		
			 Country To From 
			 Bahamas — — 
			 Barbados — — 
			 Cuba — 2 
			 Trinidad & Tobago — 15 
		
	
	In addition to these countries the United Kingdom has concluded prisoner transfer agreements with Antigua and Barbuda, Dominican Republic, Suriname and Guyana. These agreements have been signed but are awaiting completion of the relevant constitutional procedures by the countries concerned.
	The Government are pursuing the possibility of concluding prisoner transfer agreements with St Lucia, St Kitts & Nevis and St Vincent. Discussions with each of these countries are at different stages and it is not possible to give any indication of when they will be concluded.

Prison Act 1952

Lord Avebury: asked Her Majesty's Government:
	Whether they have any plans to amend the Prison Act 1952 in the foreseeable future; and whether the Act can be ignored where it is expedient to do so, in the absence of any likely challenge in the court.

Baroness Scotland of Asthal: It is not clear which provision of the Prison Act 1952 the noble Lord is referring to. However, in general terms, the Government keep under review existing legislation and seek to amend or repeal provisions as necessary and when Parliamentary time allows. The Prison Service has of course an obligation to comply with the terms of any relevant Act of Parliament and, as a public authority, to ensure that it also complies with its obligations under the Human Rights Act 2000.

Charities

Lord Freyberg: asked Her Majesty's Government:
	How many charities there are in the United Kingdom; and how many of these are (a) incorporated trading and incorporated non-trading charities; and (b) unincorporated non-trading charities.

Baroness Scotland of Asthal: The Charity Commission is the non-ministerial government department responsible for the regulation of charities in England and Wales. Not all charities are registered with the commission, some are not allowed to register (exempt charities) and others are excepted from the requirement to register.
	In Scotland the Scottish Charities Index is maintained by the Inland Revenue. Around 28,000 charities are currently on the index although many of these are not active. Details of whether charities are trading or non-trading are not held.
	There is no register of charities in Northern Ireland. Northern Irish charities wishing to claim charitable tax exemptions apply to the Inland Revenue. Approximately 3,700 Northern Irish charities have made claims over the four years to March 2003. Details of whether charities are trading or non-trading are not held.

Terrorism Legislation: Detentions

Lord Hylton: asked Her Majesty's Government:
	How many persons have been held under the terrorism Acts, without trial, for one year and two years respectively.[HL552]bjc

Baroness Scotland of Asthal: Six of the individuals detained under Part 4 of the Anti-terrorism, Crime and Security Act 2001 (ATCS) have been in detention for a period of two years—of the eight people originally detained following the introduction of the Anti-terrorism, Crime and Security Act, two have chosen to leave the United Kingdom and the other six remain in detention. All eight were the subjects of the determinations handed down by the Special Immigration Appeals Commission (SIAC) on 29 October which upheld the decision to certify in each case.
	A further five people have been in detention for between one and two years.
	A total of 16 people have been detained under these powers.

Terrorism Legislation: Detentions

Lord Hylton: asked Her Majesty's Government:
	How many detainees under the terrorism Acts have been released to go to other countries; and how many have tried but failed to find countries to accept them.

Baroness Scotland of Asthal: While Part 4 of the Anti-terrorism, Crime and Security Act 2001 allows for a detainee to make a voluntary departure from the United Kingdom, it is down to the detainees themselves to demonstrate that they will be accepted by another country should they wish to take this option. The Home Office will, of course, facilitate their travel.
	In line with our duty of confidentiality relating to the immigration status of individuals in the United Kingdom, the Government do not comment on the details of individual cases.
	Of a total of 16 people who have been detained, two have voluntarily left the United Kingdom.

Coroners

Baroness Whitaker: asked Her Majesty's Government:
	Whether any new arrangements for coroners take full account of the debate on the subject on 24 January 2001 (HL Deb, Cols 334–348).

Baroness Scotland of Asthal: Ministers have yet to make their final decisions on the reform of the death certification and coroner system. I anticipate that a paper will be published early this year that will set out the Government's position based on consideration of all the recent reports. The experiences of bereaved families when coming into contact with the coroner service were looked at in detail as part of the fundamental review 2003 and as part of the work of the Shipman inquiry. Any changes will take into account the requirements and expectations of different faith groups and communities, as discussed in the debate on 24 January 2001.

Intercepted Communications: Evidential Use

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they intend to introduce amending legislation to the Regulation of Investigatory Powers Act 2000 to remove the ban on the use of intercepted communications in court.

Baroness Scotland of Asthal: A review is currently under way. It is too soon to say whether this will recommend removing the prohibition on the evidential use of intercepted communications.

Religious Offences

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will reconsider the case for offences aggravated by religious hatred in the context of broader mainstream legislation designed to protect the range of targets of hate crime.

Baroness Scotland of Asthal: The Government have no plans at present to do so, but will listen carefully to any forthcoming debates on the House of Lords Select Committee Report on Religious Offences and on the Privy Counsellor Review Committee report on the Anti-terrorism, Crime and Security Act 2001, both of which touch on this issue.

Race Relations (Amendment) Act 2000

Lord Ouseley: asked Her Majesty's Government:
	When they intend to collate a central list of "racist" organisations in order to fulfil their statutory public duty under the Race Relations (Amendment) Act 2000; and
	Whether in accordance with their public duty under the Race Relations (Amendment) Act 2000, proscribed "racist" organisations should be investigated by criminal justice agencies.(HL687)

Baroness Scotland of Asthal: The Government as a whole are not themselves subject to the duty to promote race equality under the Race Relations (Amendment) Act 2000. However, individual government departments, including the Home Office, are.
	The collation of a central list of racist organisations is not a specific duty under the Race Relations (Amendment) Act and the Home Office does not maintain such a list. However, we will consider introducing such a list should a need become apparent.
	We have no plans to amend the enforcement powers available under existing legislation. The existing law provides sanctions against racially discriminatory behaviour under the Race Relations Act 1976. The Crime and Disorder Act 1998 and the Public Order Act 1986 provide the criminal justice agencies with the powers to take action against organisations or individuals who commit criminally racist acts. Should a need become apparent, however, we will review the situation.
	My right honourable friend the Home Secretary has recently agreed with the view that membership of groups such as the British National Party (BNP) by police officers should be made a disciplinary offence.

Immigration and Household Projection Statistics

Baroness Cox: asked Her Majesty's Government:
	What according to the sensitivity analysis accompanying the most recent household projections would be the effect of immigration at a level of 103,000 people per year; and what would be the effect of a level of 158,000 people per year on the forecast household formation.

Lord Rooker: The 1996-based household projections showed that the number of households in England were projected to grow from 20.2 million in 1996 to 24 million in 2021, an increase of 3.8 million or 19 per cent. The sensitivity analyses shows that increasing the assumed net international migration from 66,000 to 103,000 per year would increase the projected number of additional households over the same period by 416,000. It is not possible to estimate the effect of net international migration of around 158,000 per year.

Iraq: Compensation Payments arising from Combat Operations

Lord Judd: asked Her Majesty's Government:
	What is their policy towards the payment of compensation to Iraqi citizens for deaths, injuries and property damage caused by the coalition forces; and what are the practices currently employed by United Kingdom personnel and by other coalition partners.

Lord Bach: Claims made by Iraqis for losses that do not arise in connection with combat operations are handled in accordance with the direction of the Coalition Provisional Authority—specifically Section 6 of CPA order number 17. This states that:
	"Third party claims including those for property loss or damage and for personal injury and death or in respect of any other matter arising from or attributing to Coalition personnel or any persons employed by them, whether normally resident in Iraq or not, and that do not arise in connection with military combat operations, shall be submitted and dealt with by the Parent State whose coalition personnel, property, activities or other assets are alleged to have caused the claimed damage, in a manner consistent with the national laws of the Parent State".
	Hence, we will generally pay compensation in circumstances where the loss would give rise to a legal liability under English law.
	The payment of compensation by other coalition partners is a matter for them.

Royal Air Force: High G Centrifuge Facility

Lord Tebbit: asked Her Majesty's Government:
	What is the in-service date for the Royal Air Force Centrifuge.

Lord Bach: The requirement for a High G Centrifuge facility is under review. An in-service date will not be set until the main investment decision. Subject to the outcome of the present review this is likely to be in the second half of the decade.

MoD and Environmental Tectonics Corporation

Lord Tebbit: asked Her Majesty's Government:
	What is the present state of the legal proceedings between the Ministry of Defence and Environmental Tectonics Corporation.

Lord Bach: Efforts continue under mediation to reach a negotiated settlement.

Chiropodists and Podiatrists: Medicines Dispensing

Lord Morris of Manchester: asked Her Majesty's Government:
	What plans they have (a) to make it possible for both qualified and registered chiropodists and podiatrists to dispense Lamisil and other related "over the counter" dispensed medicines; and (b) to enable qualified and registered chiropodists to give a complete service so that their patients can be assured that they receive the medicines they are directed to use.

Lord Warner: State registered chiropodists/podiatrists have long-standing exemptions under medicines legislation which allow them to sell or supply a specified range of medicines direct to their patients. They are able to sell or supply any general sale List (GSL) product for external use provided the medicine is pre-packed and the supply is in the course of their professional practice. The Medicines and Healthcare Products Regulatory Agency has just completed a public consultation exercise on the reclassification of Lamisil 1% Cream and Lamisil 1% Spray from P (Pharmacy) to GSL. Both products are for topical administration. The agency is now considering the responses to the consultation exercise.

Obesity

Lord Clement-Jones: asked Her Majesty's Government:
	Whether they have data on the percentages of young children who are malnourished or obese in relation to socio-economic status.

Lord Warner: Figures for the percentage of children in England who are obese, as defined by the 95th body mass index (BMI) percentiles of the United Kingdom reference curves, in relation to socio-economic status are available based on data from the Health Survey for England and are shown in the table. No figures are available for the percentage of young children who are malnourished.
	
		Prevalence of child obesity(1) among English children aged 2–15 by age, sex and National Statistics Socio-Economic Classification (NS-SEC) category of household reference person -- Aged 2–15 with a valid BMI measurement2002
		
			 NS-SEC Boys Girls Total 
			  Age Age 
			  2–5 6–10 11–15 2–5 6–10 11–15 2–15 
			  % % % % % % % 
			 Managerial and professional occupations 13.7 11.2 16.8 10.8 16.5 16.3 14.3 
			 Intermediate occupations 12.1 17.1 21.3 17.7 17.6 22.0 18.2 
			 Small employers and own account workers 19.9 13.9 15.4 13.5 7.5 20.0 14.8 
			 Lower supervisory and technical occupations 9.7 19.7 19.7 10.8 18.3 17.7 17.0 
			 Semi-routine occupations 18.1 18.2 20.4 12.9 24.5 21.2 19.6 
			 Bases (unweighted) 751 1,224 1,172 776 1,099 1,154 6,176 
		
	
	(1) equal to or greater than 95th BMI centile
	1. Cole TJ, Freeman JV, and Preece MA. Body mass index reference curves for the UK, 1990. Arch. Dis.Child. 1995; 73: 25-29.

Obesity

Earl Howe: asked Her Majesty's Government:
	What support Ministers intend to give to Obesity Awareness Week during the week commencing 22 March 2004; and
	What support they are offering to the TOAST House project being promoted by the Obesity Awareness and Solutions Trust.

Lord Warner: The Government have supported the work of the Obesity Awareness and Solutions Trust (TOAST) over two years through the Department of Health's Section 64 Grant Scheme. The National Obesity Awareness Week is part of TOAST's healthy living events outlined in their action plan. Funding ceased in March 2003 and TOAST has submitted an application for further funding under the Section 64 Grant Scheme. This application is under consideration.

Obesity

Earl Howe: asked Her Majesty's Government:
	What measures they are taking to ensure that practical and appropriate advice about the full range of weight management and reduction options is given by doctors to those who are overweight or obese.

Lord Warner: The Priorities and Planning Framework for 2003–06 includes targets for reducing coronary heart disease. One of these targets requires practice-based registers (for patients with coronary heart disease and diabetes) and systematic treatment regimes, including appropriate advice on diet, physical activity and smoking. This also covers the majority of patients at high risk of coronary heart disease, particularly those with hypertension, diabetes and a body mass index (BMI) greater than 30.
	Under the new General Medical Services contract, from April 2004, practices will be required to offer relevant health promotion advice to their patients, as appropriate, together with any treatment that may be necessary. The new contract will also allow practice staff more time to deliver high quality primary care, including more preventative interventions, and to improve the health of the practice populations. Under the Quality and Outcomes Framework, practices are incentivised to provide ongoing management of patients with diabetes, including those whose notes record BMI in the previous 15 months.
	The National Institute for Clinical Excellence (NICE), collaborating with the Health Development Agency, have been tasked by the Department of Health to develop guidance on the prevention and management of obesity. NICE guidance is already available on prescribing drugs (Orlistat and Sibutramine), treatment with which should be supported by specific advice, support and counselling on diet, physical activity and behavioural strategy, and surgery.
	New action by the Department of Health will develop more cohesive support for health professionals to develop capacity for prevention and management of obesity in primary care. Working with the primary care sector we are looking to develop practical ways of enhancing evidence-based prevention in primary care.

Wind Farms

Baroness Byford: asked Her Majesty's Government:
	Whether, when an on-shore wind farm is constructed on mountain, moor, heath or downland, the area it covers remains open access; and whether it is legally possible for on-shore wind farms to be constructed on common land.

Lord Whitty: Schedule 1, Part 1(2) to the Countryside and Rights of Way Act 2000 provides that land covered by buildings or the curtilage of such land is excepted from the new statutory right of access regardless of whether the land appears on a conclusive map of open country and registered common land. We consider that wind turbines would qualify as "buildings" for the purposes of the Act. Whether the entire wind farm would be excepted from the right of access would depend on whether it all formed the curtilage of the land covered by the wind turbines: this would turn on the facts of each case and ultimately would be for the courts to decide, if called upon, rather than Defra.
	Schedule 1, Part 1(8) to the Act provides that land covered by works that are used for the purposes of a statutory undertaking, or the curtilage of any such land is also excepted from the right of access. To satisfy these criteria the operator of the wind farm would need to hold a licence under Section 6(1) of the Electricity Act 1989.
	On-shore wind farms may be constructed on common land under the provisions of Section 194 of the Law of Property Act 1925. This requires works that prevent or impede access to land that was, on 1 January 1926, subject to rights of common, to be approved by the Secretary of State for Environment, Food and Rural Affairs. Alternatively there are other legislative provisions, for example Section 147 of the Inclosure Act 1845 and Section 19 of the Acquisition of Land Act 1981 which may enable wind farms to be constructed.